Plaintiff appeals from an order of the Civil Court, New York County (Geoffrey D. Wright, J.), entered February 26, 2004, which granted the motion of defendant Café Des Sport for summary judgment dismissing the complaint as against it.

PER CURIAM:
Order (Geoffrey D. Wright, J.), entered February 26, 2004, affirmed, with $10 costs.

In December 1991, plaintiff slipped and fell on the sidewalk in front of the restaurant known as Café Des Sport, which is owned by defendant That's Sports, Inc. d/b/a Café Des Sport.^[FN1] The record herein, including the documentary evidence and deposition testimony, establishes that the building abutting the sidewalk was owned by Café Des Sport, Inc., a legal entity separate and distinct from the lessee, and sold to another corporate entity two days before plaintiff fell. Prior to the transfer of ownership, defendant Calvary Gas Co. was hired by the owner to convert the building's heating system from oil to gas. Notably, plaintiff did not name any of the owners as defendants, but rather, seeks to hold the lessee liable for the injuries allegedly sustained from the fall. A lessee of land abutting a public sidewalk will not be liable to a pedestrian injured as a result of a sidewalk defect unless the lessee created the defective [*2]condition or caused the defect to occur because of some special use of the sidewalk (see Kaufman v Silver, 90 NY2d 204 [1997]). Plaintiff failed to present any evidence to support her assertion that the defect which caused her to fall was created by the lessee or resulted from its special use of the sidewalk. There is no evidence that the conversion was contracted for by the lessee or performed for its accommodation (see Thomas v. Triangle Realty Co., 255 AD2d 153 [1998]).

This constitutes the decision and order of the court.
I concurI concurI concur
Decision Date: November 29, 2006